Need advocate suggestion! ATV catastrophe?
My husband and my brother went up north ATV'ing. We own 2 ATV's. My brother asked to borrow the 2nd ATV for the weekend. My brother then wrapped the ATV around a tree. It is beyond repair. He be told several times by witnesses to slow down, he was driving too aggressively. We want him to buy it ($5000) for cost of similar on the internet, but he is not co-operating. Is this worth taking to small claims court, or are we liable because we lent it to him in the first place?
Answers:
you are probably just as liable as him for letting him drive it even after you knew he be recklass (driving to fast)
but a judge might make him progress 50/50 on a replacement though
he should pay for it though, hopefully youre family doesnt cut his irresponsbility and thus reward him for being a jerk
You might want to be careful. He might claim that the accident be because of a problem in the ATV and he turns around and sues you. He could be making it up but you would have a intricate time proving that he was wrong.
Another thing to reason about is getting those witnesses to court. You are going to need to prove that he be reckless on the ATV. You probably do not have video. All you enjoy is the testimony of witnesses. Those witnesses probably will not want to come to court to testify. Your case will depend on their nouns.
If you really want to have a chance at successful this you are probably going to have to get a legal representative involved. You will need someone who knows exactly how to travel to court in a way to maximize the probability of winning and reduce the likelihood of countersuit.
You own to love people like this. Recklessly deface others property and then refuse to adopt any responsibility for it.
Firstly get a statement from all the witnesses. You will requirement it if you go to court.
Get an estimate of damages to your machine. You will also stipulation this in court.
Have a sit down with your brother and present him next to the facts (estimate and statements) and ask him how he plans to reimburse you for the damages. Make it clear to him that you have no choice but to seek allowed counsel if he does not compensate you for damages. Don't make it a threat - just generate it a statement of fact.
If he still doesn't respond take him to court. I don't see how you can be held liable for his activities.
Just be aware that these scenarios often own a negative impact on most families. Be prepared to adopt the consequences of your actions too. You just own to ask yourself if it's worth it.
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Answers:
you are probably just as liable as him for letting him drive it even after you knew he be recklass (driving to fast)
but a judge might make him progress 50/50 on a replacement though
he should pay for it though, hopefully youre family doesnt cut his irresponsbility and thus reward him for being a jerk
You might want to be careful. He might claim that the accident be because of a problem in the ATV and he turns around and sues you. He could be making it up but you would have a intricate time proving that he was wrong.
Another thing to reason about is getting those witnesses to court. You are going to need to prove that he be reckless on the ATV. You probably do not have video. All you enjoy is the testimony of witnesses. Those witnesses probably will not want to come to court to testify. Your case will depend on their nouns.
If you really want to have a chance at successful this you are probably going to have to get a legal representative involved. You will need someone who knows exactly how to travel to court in a way to maximize the probability of winning and reduce the likelihood of countersuit.
You own to love people like this. Recklessly deface others property and then refuse to adopt any responsibility for it.
Firstly get a statement from all the witnesses. You will requirement it if you go to court.
Get an estimate of damages to your machine. You will also stipulation this in court.
Have a sit down with your brother and present him next to the facts (estimate and statements) and ask him how he plans to reimburse you for the damages. Make it clear to him that you have no choice but to seek allowed counsel if he does not compensate you for damages. Don't make it a threat - just generate it a statement of fact.
If he still doesn't respond take him to court. I don't see how you can be held liable for his activities.
Just be aware that these scenarios often own a negative impact on most families. Be prepared to adopt the consequences of your actions too. You just own to ask yourself if it's worth it.
Related Questions: